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Azad Jammu and Kashmir Notaries Rules, 1981

[Dated June 18, 1981]

No. 4329‑30/LD/Leg/81 In exercise of the powers conferred by section 15 of the Notaries Ordinance, 1981,2 the Azad Government of the State of Jammu and Kashmir is pleased to make the following rules, namely:‑–

1. Short title and commencement.‑— (1) These rules may be called the Azad Jammu and Kashmir Notaries Rules, 1981.

(2) They shall come into force at once.

2. Definitions.‑– In these rules, unless the context otherwise requires, the following expressions shall have. the meaning hereby respectively assigned to them, that is to say,—

(a) “Competent authority” means the officer or authority designated as such by Government under rule 5;

(b) “Form” means the respective form appended to these rules;

(c) “Government” means the Azad Government of the State of Jammu and Kashmir;

(d) “Ordinance2” means the Notaries Ordinance, 1981; and

(e) “Section means the respective section of the Ordinance.

3. Qualifications for appointment as a notary.‑— No person shall be eligible for appointment as a notary unless on the date of the application for such appointment,—

(a) he is a notary public appointed by the Master of Faculties in England; or

(b) he has been practicing as a. legal practitioner for at least five years.

4. Age.‑ (1) No person shall be appointed as notary who is less than twenty five years.

(2) A person appointed as notary shall cease to hold office on his completing the sixty fifth year of his age.

5. Application for appointment as a notary.‑– A person may make an application for appointment as a notary (hereinafter called “the applicant” on the form of a memorial addressed to such officer or authority, as Government my by notification, designate in this behalf.

(2) The memorial shall be drawn in accordance with Form‑1.

6. Preliminary action on application.‑—The competent authority shall examine every application received by it and if it is satisfied that the applicant It does net possess the qualifications specified in rule 3 or is not within the age group specified in rule 4, shall reject it and inform the applicant accordingly.

7. Recommendations of the competent authority.‑— (1) The competent authority, shall after holding such enquiry as it thinks fit, make report to Government recommending either that the application may be granted for the whole or any part of the area to which the application relates or that it may be rejected.

(2) In making its recommendation under sub rule (1) the competent authority shall have due regard to the following matters, namely:‑–

(a) Whether, having regard to the commercial importance of the area in which the applicant proposes to practise and the number of existing notaries practicing in the area, it is necessary to appoint any additional notaries for the area;

(b) Whether the applicant ordinarily resides (in the area) in which he proposes to practise as a notary;

(c) Whether, having regard to his knowledge and experience of commercial law and the nature of the objections, if any, raised in respect of his appointment as a notary and in the case of a legal practitioner also to the extent of his practice the applicant is fit to be appointed as a notary;

(d) Where the applicant belongs to a firm of legal practitioners, whether having regard to the number of existing notaries in that firm, it is proper and necessary to appoint any additional notary from that firm; and

(e) Where applications from other applicants in respect of the area are pending whether the applicant is more suitable than such other applicants.

8. Appointment of a notary.‑—- (1) Government shall consider the report made to it by the competent authority under rule 7, and may thereupon,—

(a) grant the application in respect of the whole or part of the area to which it relates; or

(b) reject the application.

(2) The applicant shall be informed of the order passed by Government under sub rule (1).

(3) Where the application is granted, Government shall appoint the applicant as a notary and direct his name to be entered in the register of notaries maintained under section 4 and issue to him certificate on payment of prescribed fee authorizing him to practise in the area to which the application relates or any such part thereof as Government may specify in the certificate, as a notary for a period of three years from the date on which the certificate is issued to him.

(4) The register of notaries under section 4 shall be maintained by the Home Department in Form‑ II.

9. Extension of Area of practice.‑— (1) A notary who holds certificate of practice in respect of a particular area, may apply to Government for extension of his area of practice, and Government may thereupon after considering the application and other factors, pass such order thereon as it may deem fit.

(2) Any extension of the area of practice shall not have the effect of extending the period of validity of the original certificate beyond the period of three years prescribed under sub rule (3) of rule 8.

10. Fees for the issue, extension or renewal of certificate of practice.‑— The fee for the issue, extension, renewal or duplicate copy of a certificate shall be as follows,‑–

(i) issue of a certificate of practice as notary Rs. 100.00

(ii) extension of the area of practice. Rs. 50.00

(iii) renewal of certificate of practice Rs. 25.00

(iv) a duplicate of certificate. Rs. 5.00


11 Fees payable to a notary for doing any notaries work.‑—
(1) Every Notary shall be entitled to charge fees at the rate mentioned below:‑–

(a) For noting an instrument if the amount of instrument does not exceed
Rs 1,000/‑ 5.00

if it exceeds Rs. 1,000/‑ but does not exceed Rs. 5,000/‑ 8.00

if it exceeds Rs. 5,000/‑ but does not exceed Rs. 20,000/‑ 12.00

if it exceeds Rs. 20,000/‑ but does not exceed Rs.30,000/ 16.00

if it exceeds Rs. 30,000/‑ but does not exceed Rs. 50,000/‑ 20.00

if it exceeds Rs. 50,000/‑ 25.00

(b) for protesting an instrument.


If the amount of the Instrument does not exceed Rs. 1,000/ 10.00

If It exceeds Rs. 1,000/‑ but does not exceed Rs. 5,000/‑ 12.00

if it exceeds Rs. 5,000/‑ but does not exceed Rs. 20,000/‑ 15.00

if It exceeds Rs. 20,000/‑ but does not exceed Rs. 30,000/‑ 18.00

If It exceeds Rs. 30,000/‑ but does not exceed Rs. 40,000/‑ 21,00

If It exceeds Rs. 40,000/‑ but does not exceed Rs. 50,000/. 24.00

if it exceeds Rs. 50,000/‑ but does not exceed Rs. 60,000/‑ 27.00

if it exceeds Rs. 60,000/‑ but does not exceed Rs. 70,000/‑ 30.00

if it exceeds Rs. 70,000/‑ but does not exceed Rs. 80,000/‑ 33.00

if it exceeds Rs. 80,000/‑ but does not exceed Rs. 90,000/‑ 36.00

if it exceeds Rs. 90,000/‑ but does not exceed Rs.1,00,000/‑ 40.00

if it exceeds Rs. 1,00,000/‑ 50.00

(c) for recording, a declaration of payment for honour, Rs.5.00;

(d) For duplicate protests, half the charge of original;

(e) For verifying authenticating, certifying or attesting the execution of any instrument, Rs. 5.00;

(f) For presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security, Rs. 15.00;

(g) For administering oath to, or taking affidavit from, any person, in relation to the matters enumerated in section 8, Rs. 2.50;

(h) For preparing any instrument intended to take effect in any country or place outside Pakistan in such form and language as may conform to the law of the place where such deed is intended to operate, Rs. 50.00;

(i) For attesting or authenticating any instrument intended to take effect in any country or place outside Pakistan in such form and language as may, conform to the law of the place where such deed is intended to operate, Rs. 25/‑;

(k) For any other notaries work, such sum as Government may fix from time to time.

(2) In addition to the fees specified in sub rule (1), a notary shall be entitled to charge, when required to attend at any place more than one mile from his office.

(a) Where the notary is a Government officer travelling allowance in accordance with the Azad Kashmir Travelling Allowances Rules; and

(b) Where the notary is not a Government Officer,—

(i) if the place he is required to attend is in the same station as his office, Rs. 5.00;

(ii) if the place where he is required to attend is not in the same station as his office, travelling allowance at the rate of twenty paisa per mile for a journey by rail, and fifty paisa per mile for a journey by road.

12. Transaction of Business by a Notary.‑— (1) A notary in performing his functions under the Ordinance shall use Forms III to XIV.

(2) Every notary shall maintain a book, with pages consecutively numbered, known as notaries Register in which he shall record:—

(a) all declarations of payment for honour;

(b) verbatim copies issued by or protesting for instrument and

(c) all certification and attestation of the execution of instrument and fix his signature to each entry in the said Register.

(3) Each notary shall, before brining the notaries register into use, acid a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.

(4) The District judge, or such officer as Government may from time to time appoint in this behalf, may inspect the notaries register at such times, not of not only than twice a year, as the District judge or the Officer may fix.

(5) District Judges, and Officers appointed by Government under sub rule (4) shall have power to make a report to Government for taking action against notary.

(6) When the original instrument is in a language other than English any noting or protest or entry in his register which has to be made in respect of the instrument by a notary may be made either in that language or in English.

(7) In making presentment of bills or notes, a notary shall observe provisions of Chapter V of the Negotiable Instruments Act, 1881 (XXVI of 1881).

(8) A notary may, in addition to the functions specified in clauses (a) to (h) of sub‑section. (1) of Section 8:—

(a) draw, attest or certify documents, including conveyance of properties under his official seal;

(b) note and certify the general transaction relating to negotiable instrument; and

(c) prepare a will or other testamentary document.

(9) Every notary shall grant a receipt for the fees and charges realized by him and maintain a register showing all the fees and charges realized.

13. Seal of Notary.‑—- Every notary shall use a plain circular seal, bearing, if he has been appointed by name, his name and the name of the area for which lie has been appointed to exercise his functions, and the circumscription “Notary” and if he has been appointed by virtue of his office, the name of his officer and of the area within which he has been appointed to exercise .his functions, and the circumscription “Notary”.

14. Inquiry into allegations of professional and other misconduct on the part of a Notary.‑ (1) Whenever there is any allegation of professional or other misconduct on the part of a notary, Government may direct an inquiry to be made by the competent authority into the allegation.

(2) The competent authority; after giving to the person making the allegation as well as to the notary against whom such allegation is made, an opportunity of being heard, and after taking into consideration any evidence, oral and documentary, that may be produced before it; shall make a report to Government.

(3) If Government, after considering. the report of the competent authority, is of opinion that action should be taken against the notary, Government may make an order, according to the nature and gravity of the misconduct of the notary proved,‑‑‑

(a) cancelling the certificate of practice and perpetually debarring the notary from practice; or

(b) suspending him from practice for a specified, period; or

(c) letting him off with a warning

15. Submission of returns.‑— Every notary shall, in the first week of January every year, submit to Government an annual return of the notaries work done by him during the preceding year.

16. Notary to have an office.‑—- Every notary shall have an office within the area mentioned in the certificate issued to him under sub rule (3) of rule 8 and he shall exhibit in a conspicuous place thereon a board showing his name and his designation as a notary.

17. Adoption of forms‑— If a notary has to deal with a case which does not in terms attract any of the forms the notary should adopt the form which, so far as may meet the requirement of such case, with such modifications thereto as he thinks the exceptional peculiarities of the case justify.

FORM ‑ 1

(See sub rule (2) of role 5)

Memorial


The Memorial of (name of the applicant) Sheweth;

1 That the Memorialist is a person eligible for appointment as notary under the Notaries Ordinance 1981._____________ and the Notaries Rules 1981. (here state the Memorialist is qualified for appointment as notary)

2. That the Memorialist has resided in………………………. (Here state the name of local areas Where he intends to practise) for upwards of ……………..(here state how long)

3. That the number of notaries practicing at………………………is as follows:‑–

(here state name of the area inhere he intends to practise)

Notaries…………… (Here state the member and the names of the existing notaries).

4. That the average annual income of the memorialist during the proceeding years is ……………………… (Here state the figure)

5. That the above number of notaries practicing in the local area is insufficient for the requirements thereof (The grounds of the statement should be added)

6. (Give any further particulars in support of the application).

The Memorialist, therefore prays that the Government be pleased to appoint and admit him as notary under and by virtue of the Notaries Ordinance 1981________________ and Notaries Rules, 1981, to practise in___________________ (here state the, name of the local area)

Dated …………………… day of ………………………… 1981.

Signature of Memorialist

_____________________________
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FORM‑II

(See sub rule (5) of rule (8)

 

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